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The Law of Force or the Force of Law

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Lawrence Wittner

After the atomic bombing of Japan and the ensuing scramble for nuclear weapons starkly revealed the peril of nuclear annihilation, the call for a full-scale transformation of international relations became even sharper. Albert Einstein, the chair of the Emergency Committee of Atomic Scientists, stated bluntly: "Mankind's desire for peace can be realized only by the creation of a world government."

Norman Cousins, editor of one of America's major magazines of the era (the Saturday Review), played a key role in channeling Einstein's call into a postwar campaign for a global federation of nations. "The only security for Americans today, or for any people," Cousins contended, is "a system of world order that enables nations to retain sovereignty over their own cultures and institutions but that creates a workable authority for regulating the behavior of nations in their relationships with one another." Cousins served as president of United World Federalists (which morphed into the World Federalist Association and, eventually, Citizens for Global Solutions), the U.S. branch of the World Federalist Movement.

Benjamin Ferencz, the U.S. prosecutor at the Nuremberg War Crimes Trials of the late 1940s, became an important popularizer of this world federalist approach. In his widely-read book, PlanetHood, Ferencz told Americans that, in the United States, "we have four layers of government: city, county, state, and national," created "to avoid anarchy within our nation." Thus, adding "one more layer of government will enable us to have an abundant future on this planet." Indeed, "international governance-- something like a United Nations of the World-- will rescue us from our deadly predicament."

Critics, of course, might argue that a United Nations already exists, and has often proved unable to prevent the recurrence of war. But Ferencz's answer-- and, usually, the answer of the world federalist movement-- was that, although the United Nations had significant accomplishments to its credit, the UN Charter "was deliberately made weak" by the major powers. As a result, it "did not give the United Nations the binding strength needed to get rid of international lawlessness." Ultimately, "the only way to permanently solve the problem of war is to replace the Law of Force with the Force of Law."

World federalists can also point to a dramatic decline in war when independent nations accepted limitations on their sovereignty. In the late eighteenth century, as 13 British North American colonies gained their independence, they could have followed the usual global pattern of war with one another. But, instead, they gradually created a federal union (the United States) and fought only one war within their ranks during the following 235 years. Similarly, although European nations had undergone centuries of war with each other before they went at it again in World War II, members of the European Union, formed in the aftermath of that devastating war (and now encompassing 27 nations), succeeded in ending war among them.

The issue of transcending the ages-old practice of international war certainly remains relevant today. Indeed, the United Nations is moving forward with plans for a Summit of the Future in late September. Designed to address "global governance," among other issues, the Summit provides yet another opportunity for nations to empower the world organization to maintain international peace through the enforcement of world law.

Is that goal realistic? Perhaps so, perhaps not. But how realistic is it to continue the anarchy of nations, which today threatens universal death and destruction?

Lawrence S. Wittner (https://www.lawrenceswittner.com/ ) is Professor of History Emeritus at SUNY/Albany and the author of Confronting the Bomb (Stanford University Press).

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Lawrence Wittner is Professor of History Emeritus at the State University of New York/Albany, where he taught courses on U.S. diplomatic history, international history, and social justice movements from 1974 to 2010. He taught in previous years at (more...)
 
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